Wednesday, January 31, 2018

The legal fallout

Regular Deckboss readers surely will recall our post on a violent skirmish involving three fishing vessels in Prince William Sound.

One of those boats, the salmon seiner Temptation, sustained serious collision damage in the August 2016 incident, and a crewman was injured badly enough to require a U.S. Coast Guard medevac.

Well, much has transpired since in terms of legal fallout.

The injured crewman, the Temptation's skipper, and others brought this lawsuit in federal court in Anchorage.

Court papers filed in recent days indicate the parties are close to finalizing a settlement of the case. The papers don't reveal the terms of the settlement.

On another front, Kami Christine Cabana has been indicted on a felony charge of assault in the first degree.

The federal lawsuit says Cabana was the operator of the F/V Chugach Pearl, one of two boats alleged to have struck the Temptation.

16 comments:

Anonymous said...

Look up coast Guard report, both original and the one where Mr. Longs lawyers appealed it.... find the word Proven twice regarding who was really at fault.

Anonymous said...

I think your going to find that when the dust settles on this one, both the coast guard and the courts will place some blame on all 3 parties. The largest share of that blame will land at the feet of Jason Long, capt. of the Temptation at the time of the collision.

Anonymous said...

Is that's why Cabana got indicted for a class A felony 4:55? Good luck with that theory, That gang banging Cabana' tribe is on the go pro video. Modern technology in NOAA's electronic observer program, is a magical fact finder. The Coast Guard Helo report's quite classic. Seems pretty clear those Cabana bank accounts are about to get round hauled.

Anonymous said...

Your wrong on that

Anonymous said...

Had to do with rules of the road with coast guard, kami did not have the right of way. Nor did the temptation go through a blockade which was their argument. It will all come out

Anonymous said...

You have to love the blockade argument best, as if they own the fish. Limited Areas, of less intensive mental development. Harvesting fish in an orderly manner is an important management goal and needs to be considered under optimum number Standard Two. Orderly harvests include the avoidance of accidents that occur during the fishery, and effective enforcement of fishery regulations. Orderly fisheries are also linked to resource conservation, as understood by the framers of the state constitution and by the legislature when they drafted the amendment allowing Alaska’s limited entry program. See; "Elimination of Entry Act."

Anonymous said...

Bad seamanship all around, the only winners here will be the attorneys.

Anonymous said...

Blocking is interfering with commercial fishing. Ramming is illegal. Obviously the temptation got rammed and was not the rammer. Their bow showed no signs of colliding with another boat unless of course boats now drive sideways.

Anonymous said...

Y'all make me laugh, Temptation came in hot and put themselves is a bad situation. Y'all act like pulling in front of somebody is okay. These are boats not cars and don't stop on a dime. Only an idiot would cut across somebody's bow, and the idiot nearly got a crew member killed.

Anonymous said...

Two boats pushing and bumping/ramming another boat? That's why after a year and a half who is being charged with a felony? Maybe the Cabana's should counter sue Jason? I am sure they could find a lawyer that would gladly take the case and their money. You don't gross a half a million or more fishing 3 months a summer by being stupid. That's why the Cabanger's will gladly settle the lawsuit. The felony is another issue that will play out in court unless Kami cut a plea deal. The Cabana's might consider having GoPro cameras on all four sides of their seiners?

Anonymous said...

A lot of talking here without looking at all the facts. Like someone said the reports can be seen online. Not a fan of the Cabanas or anyone else but it seems like a lot of people hate them just because they are very successful fishermen. Again, read the reports before going keyboard commando.

Anonymous said...

@ 6:56

You must be new to these forums. The only info I can find is the lawsuit and the felony indictment. There is a few news articles and blogs about it. Please provide us with these facts so that we all can be enlightened. And why if the "facts" are in favor of the two vessels that took aggressive action be considering to settle?

Anonymous said...

New to these forums huh?!? Are this forums for Cordova fishermen only? Are all anonymous new to these forum? @10:39? Do you all know each other?

Anonymous said...

On March 1, 1945, J.F. Kennedy retired from the Navy Reserve on physical disability and was honorably discharged with the full rank of lieutenant. When later asked how he became a war hero, Kennedy joked: "It was easy. They cut my PT boat in half."

She's going to Jail.

https://www.youtube.com/watch?v=y8HTr-F-FVM

Anonymous said...

Video of the ram job, pretty bad

https://craigmedred.news/2018/02/20/boat-warfare/

Anonymous said...

Is anyone, who has seen the video of the incident, seriously disputing that the "Temptation" was rammed? I hope not.
Now, we can discuss if it was deliberately or an honest accident:

- The "Chugach Pearl" commandeered by Kami Cabana drove straight into the side of the "Tempation".
- According to the video and witnesses there was no attempt by the "Chugach Pearl" to slow down (by reversing the engines).
- Afterwards the Cabana family's boats did not try to help but instead hurled profanities at the targeted boat - again, not only according to witnesses, but on video.

If one had to describe a deliberate ramming it would sound like that. Not much that does point to an accidental mistake...

A "family tradition" of fishing does not grant the Cabana family the legal, moral or ethical right to ram other boats or even to put up a blockade.

Frankly, I dont' see why Kami Cabana isn't charged with attempted murder. After all, deliberately hittin someone with a car usually results in that charge...